The RULES and STANDING ORDERS of MIDLAND SAILING CLUB
As revised at the 2021 Annual General Meeting
Midland Sailing Club is a company limited by guarantee, registered in England and Wales number 03252078, registered office at Icknield Port Road, Ladywood, Birmingham B16 0AA.
The Rules of Midland Sailing Club
1. Interpretation
These rules are made the under the Memorandum and Articles of Association of Midland Sailing Club, a company limited by guarantee and having no share capital registered in England and Wales. In all cases the Memorandum and Articles of Association take precedence. The interpretation of the rules by the Committee of Management shall be binding.
2. Burgee
The Club burgee shall be red with a white Greek cross. When in overseas waters the following burgee may be flown – a red burgee with a Greek cross and a white chevron pointing towards the staff.
3. Membership categories
3.1 Any individual who intends to participate in the sporting activities of the Club is eligible to become a Full Member at the discretion of the Committee of Management. Full Members of age sixteen or older shall have voting rights. Full Members belong to either of the following two membership categories:
3.1.1 Adult Members who are eighteen years of age at the date of joining the Club.
3.1.2 Junior and Student Members, who are under eighteen years of age at the date of joining, or, if in full-time education, under the age of twenty-four years. Once they are either eighteen years of age and not in full-time education, or twenty-four years of age, they move to the Adult Member category from the first day of the month following their relevant birthday.
3.2 Associate Members who shall not have voting rights, may be admitted at the discretion of the Committee of Management in the following two categories:
3.2.1 Social Members who shall be persons with an interest in the objectives of the Club. Social Members may sail at the Club up to six times per year.
3.2.2 Honorary Membership may be granted by the Committee of Management to any individual in recognition of exceptional achievement or contribution to the Club or sailing generally.
3.3 Temporary Membership may be granted in all categories of membership at the discretion of the Committee of Management.
3.4 Members of organisations affiliated to the Club will be able to use Club facilities as detailed in these Rules. They shall not have voting rights.
4. Application for membership
4.1 An individual applying for full membership shall complete an application form, which will be either on the Club’s website or a paper form. For applicants under the age of eighteen, the consent of a parent or legal guardian is required.
4.2 The names of applicants will be disclosed to existing members in an appropriate way, such as a regular Club newsletter. Should any current full member have an objection to an applicant joining the Club, they shall notify the Committee of Management of this not later than seven days after the names have been circulated.
4.3 The Committee of Management shall decide whether the application is accepted not earlier than seven days after the name of the applicant has been disclosed. Should an application be rejected, any subscriptions already paid by the applicant shall be refunded. If the Committee accepts the application, the applicant shall be a full member in the relevant category.
4.4 The membership lasts for one year from the day of acceptance of the application, and shall renew automatically for a year through payment of the appropriate membership subscriptions.
4.5 Privileges of membership do not apply until the Committee of Management has accepted an individual’s membership application.
5. Subscriptions
5.1 The Annual Subscription and other fees and charges can be amended by the Members in a General Meeting and shall be published on the Club’s website. The scale of annual subscriptions shall remain in force until varied by a Resolution of the Full Members, but the Committee of Management may increase, reduce or temporarily suspend storage fees.
5.2 For the purpose of subscription, a family discount is granted to groups made up of up to two adult members and up to three junior/student members all belonging to the same family or living in the same household. This discount will combine the subscriptions of the involved members into a single subscription fee which will be 130% of the adult subscription fee.
5.3 Full members who have joined through the Club’s Sailability Programme shall pay a reduced rate of 25% of the adult subscription fee in their first year of membership, and 50% of the adult subscription fee in subsequent years.
5.4 Subscription fees shall be paid in advance. They can be paid either annually or monthly. If paid annually, the Committee of Management may grant a discount to the subscription. If paid monthly, the amount paid shall be not less than one twelfth of the annual subscription fee. If paid monthly, a standing order or direct debit must be established.
6. Classes
6.1 Any sailing dinghy, windsurfer, stand-up paddleboard, or model yacht may be sailed at the Club. Other vessels can be admitted at the discretion of the Committee of Management.
6.2 Participation in Club Dinghy Racing is open to all classes which have been assigned a Portsmouth Yardstick number (PY) by Sailing Committee.
6.3 Other activities can be organised by the Club or its Affiliate organisations at the discretion of the Committee of Management as appropriate.
7. Admission of visitors.
7.1 No visitor shall be admitted to the Clubhouse unless accompanied by a Member.
7.2 No visitor shall be introduced after 10.00 p.m. or remain on the Club premises after the member introducing them has left.
7.3 The following persons cannot be admitted as visitors:
- those who have been refused membership;
- those who have been expelled from the Club;
- those who, having been Members, have left with their subscriptions or other fees and charges in arrears.
7.4 No member may introduce the same guest more than six times in any one calendar year, except by special permission obtained from the Committee of Management. Full members are entitled to bring their family members to the Club an unlimited number of times.
7.5 The Committee of Management reserves the right to limit the number of guests that any Member may introduce at any one time.
8. Conduct of Members
8.1 Every member, upon joining and thereafter, is deemed to have notice of and to have undertaken to comply with the rules, and sailing instructions of the Club.
8.2 Children will be admitted to the Club only if under adequate supervision.
8.3 No unauthorised gambling shall be permitted.
8.4 No dogs will be allowed in the Club House, apart from guide dogs or assistance dogs. Dogs brought onto the Club grounds must be under complete control.
8.6 No Club property may be removed from Club premises without authorisation from a member of the Committee of Management, and members are requested to return any items they have used to their proper places after they have finished with them.
9. Limitation of Club liability
9.1 Members of the club, their guests or visitors may use the Club premises, and any other facilities of the Club, entirely at their own risk and impliedly accept that:
9.1.1 The Club shall not accept any liability for any damage to or loss of property belonging to Members, their guests, or visitors to the Club.
9.1.2 The Club shall not accept any liability for personal injury arising out of the use of the Club premises and any other facilities of the Club either sustained by Members, their guests, or visitors; or caused by the said Members, guests, or visitors, whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them or the members of the Committee of Management or an employee of the Club.
10. Use of Club Premises
The Club shall be available for members until 11.00 p.m. daily, but no member shall sail on the reservoir or use the reservoir grounds after legal lighting up time, except for the express purpose of entering or leaving the Club premises, unless authorised by the Committee of Management to do so. The changing rooms are available at all times solely for the purpose of changing before and after sailing. No items made of glass or china are to be taken into the toilets, shower areas or changing rooms at any time. Smoking is prohibited on Club grounds and in all Club buildings.
11. Insurance
11.1 Any vessel brought to or operated at Midland Sailing Club shall be insured by the owner against third party risks with a reputable insurer for not less than £3,000,000. A written declaration that such insurance has been undertaken and remains in force shall be produced to a member of the Committee of Management on demand.
11.2 The Committee of Management may at their discretion bar a Member or visitor from the use of their vessel on Edgbaston Reservoir or withhold the allocation of points for participation in racing events if the Member concerned has not satisfied them that the insurance has been effected.
12. Security
Members with keys to appropriate areas are responsible for seeing that all light, power and water is turned off before they leave the premises, and that all doors and windows and the gate are securely fastened.
Members must ensure that all boat sheds are closed and secured as soon as practicable after sailing has finished.
13. Personal property on Club premises
13.1 The consent of the Harbourmaster must be obtained before any equipment (boat, windsurf board, SUP, trailer, etc.) is left at the Club premises. All storage space may be re-allocated if needed by the Committee of Management and the Harbourmaster may re-arrange such storage space allocated although reasonable notice will normally be given.
13.2 No Member shall bring onto or permit to be brought onto the Club premises any article or thing which is dangerous or potentially dangerous or which could or may be a nuisance or annoyance or embarrassment to the Club, unless authorised by the Committee of Management.
13.3 When a membership is terminated, the (former) member shall remove any property belonging to them or their guests from the club premises within 21 days of the end of the membership.
13.4 The Club shall have a right to retain any property left on Club premises as a security for any debts incurred to the Club by the owner of the property.
14. Abandoned property on Club premises
14.1 In addition to the powers given to the Committee of Management under the Articles of Association, if, at any time, any fees payable to the Club by any Member or former Member shall be three months or more in arrears and any property of a Member or former Member remains upon the Club premises, the Committee of Management may use this as security against the debt.
14.2 The Club management may move the property to any other part of the Club premises without being liable for any loss or damage to it howsoever caused.
14.3 The Club management may give one month’s notice in writing to the Member or former Member at their last known address and thereafter sell the property and deduct any amount owed to the Club (whether by way of arrears of subscription or annual payments, storage fees and other charges) from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member.
14.4 Alternatively, if the property is unsaleable, after giving notice in writing as above, the Club management may dispose of it in any manner it may think fit. Any costs incurred by the disposal shall be added to the debt owed to the Club by the Member or former Member.
14.5 If a Member or former Member cannot be traced with reasonable effort, any amount left over from any sale of their property after deducting the debt owed to the Club shall be retained by the Club for a period of six years in case the Member or former Member makes a claim for it.
15. Car parking
Cars shall not be parked in the fenced area surrounding the Clubhouse until after the end of sailing activities for the day.
16. Purchase and supply of excisable goods
16.1 The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively under the control of the Committee of Management, or of a sub-committee appointed by the Committee of Management. Intoxicating liquor may only be sold for consumption on the Club premises to persons over the age of eighteen who are entitled to the use of the Club premises in pursuance of the Rules and regulations for the time being in force. No person under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the Club premises. Tobacco or cigarettes shall not be sold within the Club premises.
16.2 Subject to the requirements of the licensing authorities, the Committee of Management shall cause the Club bar to be opened at convenient times for the sale of excisable goods to persons who are entitled to the use of the premises of the Club in pursuance of these Rules (except persons under the age of eighteen): provided that visitors’ names and addresses and the name of their introducer shall have been entered in the Visitors’ Book upon entry to Club premises.
16.3 Any net profits from the sale of excisable goods shall be kept by the Club. No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Proper accounts of purchases and receipts shall be kept as part of the Club accounts, including any information required for payment of excise or other duty or tax to be made.
16.4 No Member, visitor, or guest shall purchase or provide intoxicating liquor to any person under the age of eighteen.
17. Participants in Club events
Any person who is a competitor, crew member, or helper in any race sponsored by or on behalf of the Club is entitled to the use of the Club premises and to purchase intoxicating liquor for consumption on the premises by such person or their guest, within a period of 24 hours before and after the race in which they are competing, provided they are at least eighteen years of age.
18. Complaints and Whistleblowing
The Club supports and protects the ability of members and employees to disclose certain types of wrongdoing which are in the public interest. The policy and procedure regarding whistleblowing and complaints is detailed in the Club’s Training Manual.
19. Data Protection Act
The Club is registered under the Data Protection Act (2018). Personal data will only be kept as required by law or considered necessary for membership records and the efficient management of the Club. The Data Protection Policy is detailed in the Club’s Training Manual.
20. Safety
20.1 It is the responsibility of all persons to ensure that adequate buoyancy is worn while afloat at all times.
20.2 When operating motor launches, a kill cord must be worn in accordance with RYA guidance.
21. Safeguarding
The Club is committed to the safeguarding of children and vulnerable adults, as members or participants in Club activities. The Club’s Children’s and Vulnerable Adults Safeguarding Policies are detailed in the Training Manual.
22. Equality, Inclusion, and Diversity
All members and participants in Club activities and events are treated as equals, regardless of gender, race, nationality, disability, sexual orientation or any other protected characteristic. The Club’s Equality, Inclusion and Diversity Policy is detailed in the Training Manual.
23. Amendment to Rules
Amendments to these Rules may only be made by a General Meeting of Full Members of the Club in accordance with the Articles of Association. Any Full Members wishing to propose any alteration or addition to the Rules of the Club shall give notice thereof in writing to the Honorary Secretary in time to be included in the notice convening the General Meeting at which the proposed alteration or addition is to be discussed.
Standing Orders of Midland Sailing Club
1. Annual General Meeting
The Annual General Meeting of the Club will normally be held in the month of March.
2. Nominations for the Committee of Management
The nominations of the Committee of Management shall be placed on the Club noticeboard twenty-eight days prior to the Annual General Meeting.
Other nominations received by the Honorary Secretary which comply with the requirements of Article 40 shall be placed on the Club noticeboard as soon as practicably possible.
3. Election of Commodore, Vice Commodore and Rear Commodore
The Commodore, Vice Commodore and Rear Commodore shall not hold their office for more than two consecutive years.
4. Notice of Meetings
Notice of General Meetings may be served by email in accordance with Article of Association 11, provided that the Member has consented to receive notices by email, and has provided the Membership Secretary with an email address for this purpose.
5. General meetings – Resolutions
The Committee of Management may propose resolutions to be put before the Full Members in General Meeting which will be included in the notice convening the Meeting.
Any Full Member shall have the right to propose a Resolution to be put to the Annual General Meeting, provided that it is seconded by another Full Member, and notice of the Resolution is received in writing by the Honorary Secretary in time to be included in the notice convening the Annual General Meeting at which the proposed Resolution is to be discussed.
A Full Member has the right to raise any matter under “Any Other Business” and the Chairman shall allow reasonable time for discussion but no formal resolution shall be put to the Meeting except in accordance with these Rules.
6. General Meetings – conduct of debate
The Proposer of a Resolution, who must be a Full Member, may speak once and for not more than five minutes and may sum up for not more than three minutes before the Resolution is put to the vote.
Before the Resolution may be discussed it must be seconded and the Seconder, who must also be a Full Member, may speak for not more than three minutes and may not speak again on the original Resolution. Any other Full Member may speak once on the original Resolution for not more than three minutes.
Any Full Member may propose an amendment to a Resolution provided that the amendment is seconded by a Full Member, is clearly worded and does not substantially alter the purpose of the original Resolution and is not in the judgement of the Chairman a counter-proposition.
The Proposer and Seconder of any amendments may speak once for not more than three minutes each.
Any amendment validly proposed as above, shall, after discussion, be voted upon before the Resolution that it seeks to amend. Any Full Member may speak once upon the amendment for not more than three minutes.
Any Full Member may propose that the Resolution or the amendment or the amended Resolution under discussion shall be put to the vote and if properly seconded by a Full Member the Chairman shall put the said Resolution, amendment or amended Resolution to the vote without allowing further discussion except to allow the Proposer of the original Resolution to sum up if appropriate.
7. Declaration of interest
Members shall declare any financial or other interest that they may personally have in any matter considered by a meeting at which they are present other than the consideration of subscriptions, fees and charges to members. Members having declared an interest may not take part in the decision making process other than the provision of factual information, and may be requested to withdraw during discussion of the relevant business at the discretion of the Chairman of the meeting.
8. Sailing Committee
The Committee of Management shall appoint a Sailing Committee as a sub-committee of the Committee of Management consisting of the Vice-Commodore, Sailing Secretary, Harbourmaster and such other members as it thinks fit to ensure the effective representation of all classes and training activity.
The Sailing Committee shall publish Club Sailing Instructions in accordance with the provisions of the Racing Rules of the International Yacht Racing Union and the prescriptions of the Royal Yachting Association. The Sailing Committee so appointed shall be responsible for convening such Race Committees as may be needed, including Protest Committees.
9. Presidents
There shall be a President of the Club and not more than six Vice-Presidents. These Offices shall not carry ex-officio membership of any committee. These positions shall be filled by invitation and those so invited shall be persons who have been Members with voting rights for not less than ten years, and have during their active membership rendered valuable service to the Club. The tenure of the appointment shall be for life or until resignation. The Committee shall be empowered to extend invitations to those qualified.
10. Amendment to Standing Orders
Amendments to these Standing Orders may only be made by a General Meeting of Full Members of the Club in accordance with the Articles of Association. Any Full Members wishing to propose any alteration or addition to the Standing Orders of the Club shall give notice thereof in writing to the Honorary Secretary in time to be included in the notice convening the General Meeting at which the proposed alteration or addition is to be discussed.